STATE v. SPENCER

No. COA01-1607.

572 S.E.2d 815 (2002)

STATE of North Carolina v. Allen SPENCER.

Court of Appeals of North Carolina.

December 17, 2002.


Attorney(s) appearing for the Case

Roy Cooper, Attorney General, by Amy C. Kuntsling, Assistant Attorney General, for the State.

David G. Belser, Asheville, for defendant-appellant.


THOMAS, Judge.

Defendant, Allen Spencer, was convicted of assault with a deadly weapon with intent to kill inflicting serious injury (AWDWIKISI) was sentenced to 116 to 149 months in prison.

He appeals, assigning as error the trial court's: (1) failure to instruct the jury on voluntary intoxication; (2) finding as an aggravating factor that the offense was committed while defendant was on pretrial release; and (3) failure to dismiss the indictment for AWDWIKISI...

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